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Section 58: Sentences extended for licence purposes

Crime and Disorder Act 1998 · 1998 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part IV: Dealing with offenders — Chapter I: England and Wales

REPEALED on 2000-08-25 by 2000 c.6, s.165.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

This section applies where a court which proposes to impose a custodial sentence for a sexual or violent offence considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of preventing the commission by him of further offences and securing his rehabilitation.

Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of—

the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section (“the custodial term”); and
a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.

Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.

The extension period shall not exceed—

ten years in the case of a sexual offence; and
five years in the case of a violent offence.

The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.

Subsection (2) of section 2 of the 1991 Act (length of custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.

The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.

In this section—

  • “licence” means a licence under Part II of the 1991 Act;

  • “sexual offence” and “violent offence” have the same meanings as in Part I of that Act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.